St. Paul Fire & Marine Insurance Company et al v. Ohio Casualty Insurance Company et al

Filing 366

ORDER pursuant to the parties' 363 Stipulation. ORDERED dismissing with prejudice CNA and Zurich Group from Plaintiffs' claims. ORDERED terminating Steadfast Insurance Company from this action because the only claims asserted agai nst it have been dismissed. See LRCiv 15.1(b). IT IS FURTHER ORDERED dismissing with prejudice Plaintiffs from Zurich's Counter-Claim; dismissing with prejudice Plaintiffs from CNA's Counter-Claims. Signed by Senior Judge Stephen M McNamee on 5/22/2014. (LFIG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 St. Paul Fire & Marine Insurance Company, Charter Oak Fire Insurance Company, and Travelers Indemnity Company of America, ) ) ) ) ) Plaintiffs, ) ) v. ) ) Maryland Casualty Company, American ) Safety Indemnity Company, Lexington ) Insurance Company, Transportation ) Insurance Company, American Home ) Insurance Company, Commerce & ) Industry Insurance Company, Zurich ) American Insurance Company, Liberty ) Mutual Insurance Company, National ) Fire Insurance Company of Hartford, ) American Guarantee & Liability ) Insurance Company, and Steadfast ) Insurance Company, ) ) Defendants. ) ) ) ) Transportation Insurance Company and ) National Fire Insurance Company of ) Hartford, ) ) Counter/Cross-Claimants, ) ) v. ) ) St. Paul Fire & Marine Insurance ) Company, Charter Oak Fire Insurance ) Company, Travelers Indemnity Company) of America, Ohio Casualty Insurance ) Company, Maryland Casualty Company, ) No. CV-11-1954-PHX-SMM ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 American Safety Indemnity Company, Lexington Insurance Company, American Home Insurance Company, Commerce & Industry Insurance Company, Zurich American Insurance Company, Liberty Mutual Insurance Company, and American Guarantee & Liability Insurance Company, ) ) ) ) ) ) ) ) ) Counter/Cross-Defendants. ) ) ) ) Zurich American Insurance Company, ) ) Counter/Cross-Claimant, ) ) v. ) ) St. Paul Fire & Marine Insurance ) Company, Charter Oak Fire Insurance ) Company, Travelers Indemnity Company) of America, Ohio Casualty Insurance ) Company, American Safety Indemnity ) Company, Lexington Insurance ) Company, Transportation Insurance ) Company, American Home Insurance ) Company, Commerce & Industry ) Insurance Company, Liberty Mutual ) Insurance Company, and National Fire ) Insurance Company of Hartford, ) ) Counter/Cross-Defendants. ) ) ) ) American Home Insurance Company and ) Commerce & Industry Insurance ) Company, ) ) Counter/Cross-Claimants, ) ) v. ) ) St. Paul Fire & Marine Insurance ) Company, Charter Oak Fire Insurance ) Company, Travelers Indemnity Company) of America, Ohio Casualty Insurance ) Company, Maryland Casualty Company, ) American Safety Indemnity Company, ) Transportation Insurance Company, ) Zurich American Insurance Company, ) Liberty Mutual Insurance Company, ) National Fire Insurance Company of ) Hartford, and American Guarantee & ) -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Liability Insurance Company, ) ) Counter/Cross-Defendants. ) ) ) ) Lexington Insurance Company, ) ) Counter/Cross-Claimant, ) ) v. ) ) St. Paul Fire & Marine Insurance ) Company, Charter Oak Fire Insurance ) Company, Travelers Indemnity Company) of America, Ohio Casualty Insurance ) Company, Maryland Casualty Company, ) American Safety Indemnity Company, ) Transportation Insurance Company, ) Zurich American Insurance Company, ) Liberty Mutual Insurance Company, ) National Fire Insurance Company of ) Hartford, and American Guarantee & ) Liability Insurance Company, ) ) Counter/Cross-Defendants. ) ) 15 Before the Court is a Stipulation for Dismissal between Plaintiffs/Counter-Defendants 16 St. Paul Fire and Marine Insurance Company, Charter Oak Fire Insurance Company, and 17 Travelers Indemnity Company of America (collectively “Plaintiffs”); Defendants/Counter- 18 Claimants/Cross-Claimants/Cross-Defendants Transportation Insurance Company and 19 National Fire Insurance Company of Hartford (collectively “CNA”); Defendant/Counter- 20 Claimant/Cross-Claimant/Cross-Defendant 21 (individually “Zurich”), along with Defendants/Cross-Defendants American Guarantee and 22 Liability Insurance Company, and Maryland Casualty Company, as well as Defendant 23 Steadfast Insurance Company (collectively the “Zurich Group”); Defendants/Counter- 24 Claimants/Cross-Claimants/Cross-Defendants Lexington Insurance Company, American 25 Home Assurance Company, and Commerce and Industry Insurance Company; 26 Defendant/Cross-Defendant American Safety Indemnity Company; Defendant/Cross- 27 Defendant Liberty Mutual Insurance Company; and Cross-Defendant Ohio Casualty 28 Insurance Company. (Doc. 363.) Zurich -3- American Insurance Company 1 Accordingly, 2 IT IS HEREBY ORDERED dismissing with prejudice CNA and Zurich Group 3 from Plaintiffs’ claims. 4 IT IS FURTHER ORDERED terminating Steadfast Insurance Company from this 5 action because the only claims asserted against it have been dismissed. See LRCiv 15.1(b). 6 IT IS FURTHER ORDERED dismissing with prejudice Plaintiffs from Zurich’s 7 8 9 10 Counter-Claim. IT IS FURTHER ORDERED dismissing with prejudice Plaintiffs from CNA’s Counter-Claims. DATED this 22nd day of May, 2014. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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